SUSHMITA DEY Vs. SOVANA DEY

JUDGEMENT

(1.) This is an application under S. 24 of the Code of Civil Procedure for transfer of O. S. No. 28 of 2001 pending before the learned Additional District Judge, Fourth Court at Barasat, District : 24 Parganas (North) and for analogous trial with O. S. No. 154 of 2001 pending before the learned District Judge at Alipore, District : 24 Parganas (South).

(2.) This application concerns the estate of one Dilip Kumar Dey, who was a Deputy Superintendent of Police under the West Bengal Police Directorate. The said Dilip Kumar Dey expired on August 20, 2000 at Kotharl Medical Centre, Kolkata. The opposite party in this application, Shrimati Sovana Dey, claiming to be the first wife of the said Dilip Kumar Dey, filed an application for grant of succession certificate being Act 39 Case No. 31 of 2001. Since the petitioners in this revisional application have entered appearance in the said Act 39 Case No. 31 of 2001 and are contesting the claim of the opposite party, the said proceeding for grant of succession certificate became contentious. Subsequently, the said proceeding has been registered as O.S. No. 28 of 2001 and presently the same is pending in the Court of the learned Additional District Judge, Fourth Court at Barasat, District : 24 Parganas (North).

(3.) The petitioners in this application filed an application for grant of letters of administration in respect of the alleged last will and testament allegedly executed by the said Dilip Kumar Dey. In the said application it was contended that the petitioner No.l is the wife of the said Dilip Kumar Dey while the petitioner Nos. 2 and 3 are the minor sons of the said Dilip Kumar Dey through the petitioner No. 1. The said proceeding was registered as Act 39 Case No. 92 of 2000. However, as the opposite party has entered appearance in the said proceeding and contested the claim of the petitioners, the application was returned and the same was re-filed in the Court of the learned District Judge at Alipore, District; 24 Paraganas (South) and has been registered as O. S. No. 154 of 2001 in the said Court.